Title VI of the Civil Rights Act of 1964: Language Support Services to ELLs: Boston (MA) Public Schools: (01105001)

OCR Case Number 01-10-5001: On March 23, 2010, the U.S. Department of Education Office
for Civil Rights (OCR) initiated a joint investigation with the U.S. Department
of Justice Civil Rights Division (DOJ), into the Boston Public Schools’ (District)
compliance with its obligation to take appropriate action to provide language
support services to its English Language Learner (ELL) students. At the
time we initiated our review, based on documents generated by the Massachusetts
Department of Elementary and Secondary Education (MADESE) and documentation
generated by the District for MADESE’s review, we determined that the District
had not taken sufficient action to ensure that all of its eligible ELL students
receive adequate language support services. During spring 2010, in order
to obtain further detailed information on the concerns identified in the MADESE
documents, OCR and DOJ conducted their own school site visits, meetings with
District staff, and documentation review, identifying specific actions necessary
to ensure ELL students receive adequate language support services. Specifically,
we found that the District had violated Title VI (and the Equal Educational
Opportunities Act enforced by the DOJ) by failing to: (1) conduct appropriate
English language proficiency assessments for 7,000 students who were previously
tested in only two language domains (listening and speaking) but not in reading
and writing; (2) serve the language needs of students inappropriately designated
as “opt outs;” and (3) provide adequate staffing for ELL programs to students
district-wide, including the approximately 8,300 students who had previously
been inadequately tested or deemed to have opted out of language support services. Through
extensive negotiations, OCR, DOJ and the District entered into an agreement
to remedy the compliance concerns on September 30, 2010. As part of the
settlement, the District has agreed to provide all ELL students with Sheltered
English Immersion in their core content classes, such as math, social studies
and science; deliver English as a Second Language instruction to all ELL students
consistent with state guidance; train and hire a sufficient number of teachers
to meet the needs of its ELL population; ensure that special education ELL
students are properly assessed and served in light of their unique needs; monitor
the academic performance of current and former ELL students; offer compensatory
services to the ELL students who were recently identified and formerly misidentified
as “opt outs;” and give the parents of those students the information they
need to make informed decisions regarding the ELL services their children receive. When
fully implemented, the agreement will resolve the three compliance concerns
identified above. This agreement also acknowledges that OCR and DOJ will
immediately begin monitoring the implementation of the agreement, while continuing
its comprehensive review of the District’s broader compliance with Title VI
and the EEOA. In this comprehensive review, we are examining, among other
things, whether the District has developed a language program that is based
on a sound educational theory or a legitimate experimental strategy; whether
the District has adopted programs and practices reasonably calculated to implement
its program effectively; whether the District has evaluated the effectiveness
of its ELL program; whether the District has appropriate procedures for identifying
and assessing ELL students who may require a language program; and whether
notices about school activities are provided to parents or guardians in a language
they can understand. OCR and DOJ are continuing their investigation through
further school site visits, meetings with District staff, and review of current
documentation. Read the Compliance AgreementPDF (149K)